AN
ACT Relating to identification of livestock; amending RCW 16.57.015, 16.57.220,
16.57.220, 16.58.050, 16.58.050, 16.58.130, 16.58.130, 16.65.037, 16.65.037,
16.65.090, and 16.65.090; providing effective dates; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:
(1)
The director shall establish a livestock identification advisory board. The
board shall be composed of six members appointed by the director. One member
shall represent each of the following groups: Beef producers, public livestock
market operators, horse owners, dairy farmers, cattle feeders, and meat
processors. In making appointments, the director shall solicit nominations
from organizations representing these groups state-wide.
(2)
The purpose of the board is to provide oversight of the livestock
identification programs and advice to the director regarding livestock
identification programs administered under this chapter and regarding brand
inspection fees and related licensing fees. The board shall meet at least
once every two months to receive a program status briefing from the department,
including a financial update and any other financial information requested by
the board, in order to provide guidance to the department on the operation of
the programs. The director shall consult the board before hiring or
dismissing supervisory personnel, adopting, amending, or repealing a rule
under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030,
or 16.65.090. If the director publishes in the state register a proposed rule
to be adopted under the authority of this chapter or a proposed rule setting a
fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has
not received the approval of the advisory board, the director shall file with
the board a written statement setting forth the director's reasons for
proposing the rule without the board's approval.
(3)
The members of the advisory board serve three-year terms. However, the
director shall by rule provide shorter initial terms for some of the members of
the board to stagger the expiration of the initial terms. The members serve
without compensation. The director may authorize the expenses of a member to
be reimbursed if the member is selected to attend a regional or national
conference or meeting regarding livestock identification. Any such
reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.
*Sec. 1 was vetoed. See message at end of chapter.
Sec.
2. RCW
16.57.220 and 1995 c 374 s 49 are each amended to read as follows:
The
director shall cause a charge to be made for all brand inspection of cattle and
horses required under this chapter and rules adopted hereunder. Such charges
shall be paid to the department by the owner or person in possession unless
requested by the purchaser and then such brand inspection shall be paid by the
purchaser requesting such brand inspection. Except as provided by rule, such
inspection charges shall be due and payable at the time brand inspection is
performed and shall be paid upon billing by the department and if not shall
constitute a prior lien on the cattle or cattle hides or horses or horse hides
brand inspected until such charge is paid. The director in order to best
utilize the services of the department in performing brand inspection may
establish schedules by days and hours when a brand inspector will be on duty to
perform brand inspection at established inspection points. The fees for brand
inspection performed at inspection points according to schedules established by
the director shall be ((sixty)) seventy-five cents per head for
cattle and not more than ((two)) three dollars ((and forty
cents)) per head for horses as prescribed by the director subsequent to a
hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Fees
for brand inspection of cattle and horses at points other than those designated
by the director or not in accord with the schedules established by the director
shall be based on a fee schedule not to exceed actual net cost to the
department of performing the brand inspection service. For the purpose of this
section, actual costs shall mean fifteen dollars per hour and the current
mileage rate set by the office of financial management.
Sec.
3. RCW
16.57.220 and 1997 c . . . s 2 (section 2 of this act) are each
amended to read as follows:
The
director shall cause a charge to be made for all brand inspection of cattle and
horses required under this chapter and rules adopted hereunder. Such charges
shall be paid to the department by the owner or person in possession unless
requested by the purchaser and then such brand inspection shall be paid by the
purchaser requesting such brand inspection. Except as provided by rule, such
inspection charges shall be due and payable at the time brand inspection is
performed and shall be paid upon billing by the department and if not shall
constitute a prior lien on the cattle or cattle hides or horses or horse hides
brand inspected until such charge is paid. The director in order to best
utilize the services of the department in performing brand inspection may
establish schedules by days and hours when a brand inspector will be on duty to
perform brand inspection at established inspection points. The fees for brand
inspection performed at inspection points according to schedules established by
the director shall be ((seventy-five)) sixty cents per head for
cattle and not more than ((three)) two dollars and forty cents
per head for horses as prescribed by the director subsequent to a hearing under
chapter 34.05 RCW and in conformance with RCW 16.57.015. Fees for brand
inspection of cattle and horses at points other than those designated by the
director or not in accord with the schedules established by the director shall
be based on a fee schedule not to exceed actual net cost to the department of
performing the brand inspection service. For the purpose of this section,
actual costs shall mean fifteen dollars per hour and the current mileage rate
set by the office of financial management.
Sec.
4. RCW
16.58.050 and 1994 c 46 s 23 are each amended to read as follows:
The
application for an annual license to engage in the business of operating one or
more certified feed lots shall be accompanied by a license fee of ((six))
seven hundred fifty dollars. Upon approval of the application by
the director and compliance with the provisions of this chapter and rules
adopted hereunder, the applicant shall be issued a license or a renewal
thereof.
Sec.
5. RCW
16.58.050 and 1997 c . . . s 4 (section 4 of this act) are each
amended to read as follows:
The
application for an annual license to engage in the business of operating one or
more certified feed lots shall be accompanied by a license fee of ((seven))
six hundred ((fifty)) dollars. Upon approval of the application
by the director and compliance with the provisions of this chapter and rules
adopted hereunder, the applicant shall be issued a license or a renewal
thereof.
Sec.
6. RCW
16.58.130 and 1994 c 46 s 24 are each amended to read as follows:
Each
licensee shall pay to the director a fee of ((twelve)) fifteen
cents for each head of cattle handled through the licensee's feed lot. Payment
of such fee shall be made by the licensee on a monthly basis. Failure to pay
as required shall be grounds for suspension or revocation of a certified feed
lot license. Further, the director shall not renew a certified feed lot
license if a licensee has failed to make prompt and timely payments.
Sec.
7. RCW
16.58.130 and 1997 c . . . s 6 (section 6 of this act) are each
amended to read as follows:
Each
licensee shall pay to the director a fee of ((fifteen)) twelve
cents for each head of cattle handled through the licensee's feed lot. Payment
of such fee shall be made by the licensee on a monthly basis. Failure to pay
as required shall be grounds for suspension or revocation of a certified feed
lot license. Further, the director shall not renew a certified feed lot
license if a licensee has failed to make prompt and timely payments.
Sec.
8. RCW
16.65.037 and 1995 c 374 s 57 are each amended to read as follows:
(1)
Upon the approval of the application by the director and compliance with the
provisions of this chapter, the applicant shall be issued a license or renewal
thereof. Any license issued under the provisions of this chapter shall only be
valid at location and for the sales day or days for which the license was
issued.
(2)
The license fee shall be based on the average gross sales volume per official
sales day of that market:
(a)
Markets with an average gross sales volume up to and including ten thousand
dollars, a one hundred ((twenty)) fifty dollar fee;
(b)
Markets with an average gross sales volume over ten thousand dollars and up to
and including fifty thousand dollars, a ((two)) three hundred ((forty))
fifty dollar fee; and
(c)
Markets with an average gross sales volume over fifty thousand dollars, a ((three))
four hundred ((sixty)) fifty dollar fee.
The
fees for public market licenses shall be set by the director by rule subsequent
to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.
(3)
Any applicant operating more than one public livestock market shall make a
separate application for a license to operate each such public livestock
market, and each such application shall be accompanied by the appropriate
application fee.
Sec.
9. RCW
16.65.037 and 1997 c . . . s 8 (section 8 of this act) are each
amended to read as follows:
(1)
Upon the approval of the application by the director and compliance with the
provisions of this chapter, the applicant shall be issued a license or renewal
thereof. Any license issued under the provisions of this chapter shall only be
valid at location and for the sales day or days for which the license was
issued.
(2)
The license fee shall be based on the average gross sales volume per official
sales day of that market:
(a)
Markets with an average gross sales volume up to and including ten thousand
dollars, a one hundred ((fifty)) twenty dollar fee;
(b)
Markets with an average gross sales volume over ten thousand dollars and up to
and including fifty thousand dollars, a ((three)) two hundred ((fifty))
forty dollar fee; and
(c)
Markets with an average gross sales volume over fifty thousand dollars, a ((four))
three hundred ((fifty)) sixty dollar fee.
The
fees for public market licenses shall be set by the director by rule subsequent
to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.
(3)
Any applicant operating more than one public livestock market shall make a
separate application for a license to operate each such public livestock
market, and each such application shall be accompanied by the appropriate
application fee.
Sec.
10. RCW
16.65.090 and 1994 c 46 s 22 are each amended to read as follows:
The
director shall provide for brand inspection. When such brand inspection is
required the licensee shall collect from the consignor and pay to the
department, as provided by law, a fee for brand inspection for each animal consigned
to the public livestock market or special open consignment horse sale((:
PROVIDED, That)). However, if in any one sale day the total fees
collected for brand inspection do not exceed ((seventy-two)) ninety
dollars, then such licensee shall pay ((seventy-two)) ninety
dollars for such brand inspection or as much thereof as the director may
prescribe.
Sec.
11. RCW
16.65.090 and 1997 c . . . s 10 (section 10 of this act) are each
amended to read as follows:
The
director shall provide for brand inspection. When such brand inspection is
required the licensee shall collect from the consignor and pay to the
department, as provided by law, a fee for brand inspection for each animal
consigned to the public livestock market or special open consignment horse
sale. However, if in any one sale day the total fees collected for brand
inspection do not exceed ((ninety)) seventy-two dollars, then
such licensee shall pay ((ninety)) seventy-two dollars for such
brand inspection or as much thereof as the director may prescribe.
NEW
SECTION. Sec. 12. (1)
Sections 2, 4, 6, 8, and 10 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect July 1, 1997.
(2)
Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998.
